NC0031828_Settlement Agreement_20190430

NPDES Permit NCO031828
Settlement Agreement
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NOPTH CAROLINA
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April 30, 2019
Mr. Vernon M. Edwards, Public Works Director
Town of Vanceboro
P.O. Box 306
Vanceboro, NC 28586-0306
Subject: Settlement Agreement for NPDES Permit NCO031828
Dear Mr. Edwards,
ROY COOPER
Governor
MICHAEL S. REGAN
. Secretary
LINDA CULPEPPER
Director
Please find attached a copy of the signed Settlement Agreement for NPDES Permit NCO031828 for
enforcement case LV-2018-0113, LV-2018-0287, LV-2018-0288, LV-2019-0071 and LV-2019-0072. If
you have any questions, please contact John Hennessy at 919-707-3615 or via email
D [e-mail]] .
Sincerely,
Robert Tankard
Assistant Supervisor
Division of Water Resources
Washington Regional Office

NPDES Permit NCO031828
Settlement Agreement
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CRAVEN
IN THE MATTER OF
NORTH CAROLINA ) SETTLEMENT AGREEMENT
NPDES PERMIT NCO031828 ) �-Yyy
HELD BY THE TOWN OF VANCEBORO )
Pursuant to provisions of North Carolina General Statute § '143-215.3(a)(6), this Settlement Agreement is
entered into by the Town of Vanceboro, herein referred to as the Town, and the North Carolina
Environmental Management Commission, an agency of the State of North Carolina created by N.C.
General Statute § 14313-282, and hereinafter referred to as the Commission:
1. The Town and the Commission hereby agree to the following findings:
(a.) The Town holds North Carolina NPDES permit NCO031828 for operation of the Town of
Vanceboro wastewater treatment plant (WWTP), and for making an outlet therefrom for the
discharge of treated wastewater to Swift Creek, Class C; Sw, NSW waters of this State in the
Neuse River Basin.
(b.) Effluent limits included as terms of NPDES permit NCO031828 have been established as those
concentrations of pollutants that may be discharged into the receiving stream without causing
applicable water quality standards to be contravened.
(c.) The Town of Vanceboro has been noncompliant with the effluent limits contained in NPDES
permit NCO031828 in the manner and to the extent described in Attachment A to this
Agreement. Reported violations of effluent limits have persisted from May 2018 through June
2018.

NPDES Permit NCO031828
Settlement Agreement
(d.) The Town has been assessed penalties totaling $9540.00 for effluent limit violations that
occurred from February 2018 through October 2018. Of that total, nothing has yet been
remitted (reduced/removed), leaving an outstanding assessed civil penalties balance of
$9540.00.
(e.) Per application of current Division of Water Resources enforcement guidance, the Town is
potentially liable for the assessment of additional civil penalties for effluent limit violations that
occurred from May through June 2018.
3. In order to facilitate resolution of the matters of outstanding civil penalties and unaddressed
violations documented in paragraphs 1.(d.) and 1.(e.) above, the Commission and the Town agree
to settle the above described penalties and violations for the total amount of $4625.00.
Payment shall be made by check made payable to the North Carolina Department of
Environmental Quality within 15 days of the execution of this Agreement, and sent to the
following address:
Attn: John Hennessy, Supervisor
Compliance & Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all outstanding civil
penalties assessed prior to the execution of this Agreement and resolve all unaddressed violations
occurring prior to the execution of this Agreement.
4. Nothing in this Agreement relieves the Town of its duty to abide by the terms of NPDES permit
NC0031828. Noncompliance with the terms of the NPDES may subject the Town to the assessment
of additional civil penalties during the time this Agreement is in effect.
5. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made, completed or submitted by the dates specified. The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held entirely
by the Town.
6. Because this is an Agreement between the Commission and the Town, neither party will file a
petition for a contested case or for judicial review concerning its terms.

NPDES Permit NCO031828
Settlement Agreement
7. This Agreement shall expire May 10, 2019.
For the Town of Vanceboro:
Date ;3 ® -/ 9
Vernon M. Edwards
Public Works Director
For the North Carolina Environmental Management Commission:
Date
John Hennessey
Supervisor
Water Quality Permitting Section
North Carolina Division of Water Resources
for the Chair of the Commission